Ng'ang'a v Muiruri (Civil Application E139 of 2022) [2022] KECA 688 (KLR) (22 July 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 688
- Citation
- [2022] KECA 688 (KLR)
- Decided
- 22 July 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file an appeal out of timeCoramD. K. MUSINGA
Holding
The Court grants the applicant leave to file the appeal out of time and the appeal should be filed within thirty (30) days from the date of this ruling.
Facts
The applicant, Ng'ang'a, wished to appeal a judgment dated 5th February 2019 but instructed his advocate to lodge an appeal on 18th February 2019. However, the record of appeal was not prepared due to missing documents and the delay in filing the record of appeal was due to factors beyond the applicant's control.
Issues
- Whether to grant an extension of time to file an appeal out of time
- Whether the intended appeal is frivolous
Reasoning
The Court considers the delay in filing the record of appeal was due to factors beyond the applicant's control and the intended appeal is arguable.
Outcome
The applicant is granted leave to file the appeal out of time.
Orders
- The appeal should be filed within thirty (30) days from the date of this ruling.
Remedies
- Leave to file the appeal out of time
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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